10 U.S.C. § 707 — Payment upon disapproval of certain

Page 670 TITLE 10—ARMED FORCES § 707 substituted ‘‘sections 707 and 707a’’ for ‘‘section 707’’ in par. (2). Subsec. (c). Pub. L. 107–314, § 506(c)(1)(A), inserted ‘‘or 1182(c)(2)’’ after ‘‘section 876a’’. 2000—Subsec. (c). Pub. L. 106–398 struck out ‘‘(1)’’ be- fore ‘‘A member required’’ and struck out par. (2) which read as follows: ‘‘Section 974 of this title does not apply to a member required to take leave under section 876a of this title during the period of such leave.’’ 1996—Subsec. (c)(1). Pub. L. 104–106 substituted ‘‘chap- ter 43 of title 38’’ for ‘‘section 4301 of title 38’’. 1994—Subsec. (c)(1). Pub. L. 103–353, which directed the amendment of par. (1) by substituting ‘‘chapter 43’’ for ‘‘section 4321’’, could not be executed because inter- vening amendment by Pub. L. 103–337 had substituted ‘‘section 4301’’ for ‘‘section 4321’’. See below. Pub. L. 103–337 substituted ‘‘4301’’ for ‘‘4321’’. 1992—Subsec. (c)(1). Pub. L. 102–568 substituted ‘‘sec- tion 4321’’ for ‘‘section 2021’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–353 effective with respect to reemployments initiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, see section 8 of Pub. L. 103–353, set out as an Effective Date note under section 4301 of Title 38, Veterans’ Benefits. EFFECTIVE DATE Pub. L. 97–81, § 7, Nov. 20, 1981, 95 Stat. 1089, as amend- ed by Pub. L. 98–209, § 12(b), Dec. 6, 1983, 97 Stat. 1407, provided that: ‘‘(a) The amendments made by this Act [enacting this section and sections 707 and 876a of this title and amending sections 701, 813, 832, 838, 867, and 869 of this title] shall take effect at the end of the sixty-day pe- riod beginning on the date of the enactment of this Act. ‘‘(b)(1) The amendments made by section 2 [enacting this section and sections 707 and 876a of this title and amending section 701 of this title] shall apply to each member whose sentence by court-martial is approved on or after January 20, 1982— ‘‘(A) under section 864 or 865 (article 64 or 65) of title 10, United States Code, by the officer exercising general court-martial jurisdiction under the provi- sions of such section as it existed on the day before the effective date of the Military Justice Act of 1983 [see Effective Date of 1983 Amendment note set out under section 801 of this title]; or ‘‘(B) under section 860 (article 60) of title 10, United States Code, by the officer empowered to act on the sentence on or after the effective date of the Military Justice Act of 1983. ‘‘(2) The amendments made by section 3 [amending section 813 of this title] shall apply to each person held as the result of a court-martial sentence announced on or after the effective date of such amendments. ‘‘(3) The amendment made by section 4(a) [amending section 832 of this title] shall apply with respect to in- vestigations under section 832 (article 32) of title 10, United States Code, that begin on or after the effective date of such amendment. ‘‘(4) The amendment made by section 4(b) [amending section 838 of this title] shall apply to trials by courts- martial in which all charges are referred to trial on or after the effective date of such amendment. ‘‘(5) The amendment made by section 5 [amending section 867 of this title] shall apply to any accused with respect to a Court of Military Review [now Court of Criminal Appeals] decision that is dated on or after the effective date of such amendment.’’ § 707. Payment upon disapproval of certain court-martial sentences for excess leave re- quired to be taken (a) A member— (1) who is required to take leave under sec- tion 876a of this title, any period of which is charged as excess leave under section 706(a) of this title; and (2) whose sentence by court-martial to a dis- missal or a dishonorable or bad-conduct dis- charge is set aside or disapproved by a Court of Criminal Appeals under section 866 of this title or by the United States Court of Appeals for the Armed Forces under section 867 of this title, shall be paid, as provided in subsection (b), for the period of leave charged as excess leave, un- less a rehearing or new trial is ordered and a dis- missal or a dishonorable or bad-conduct dis- charge is included in the result of the rehearing or new trial and such dismissal or discharge is later executed. (b)(1) A member entitled to be paid under this section shall be deemed, for purposes of this sec- tion, to have accrued pay and allowances for each day of leave required to be taken under sec- tion 876a of this title that is charged as excess leave (except any day of accrued leave for which the member has been paid under section 706(b)(1) of this title and which has been charged as ex- cess leave). If the pay grade of the member was reduced to a lower grade as a result of the court- martial sentence (including any reduction in pay grade under section 858a of this title) and such reduction has not been set aside, dis- approved, or otherwise vacated, pay and allow- ances to be paid under this section shall be deemed to have accrued in such lower grade. Otherwise, such pay and allowances shall be deemed to have accrued in the pay grade held by the member on the day before the day on which his court-martial sentence was approved by the convening authority. (2) Such a member shall be paid the amount of pay and allowances that he is deemed to have accrued, reduced by the total amount of his in- come from wages, salaries, tips, other personal service income, unemployment compensation, and public assistance benefits from any Govern- ment agency during the period he is deemed to have accrued pay and allowances. Except as pro- vided in paragraph (3), such payment shall be made as follows: (A) Payment shall be made within 60 days from the date of the order setting aside or dis- approving the sentence by court-martial to a dismissal or a dishonorable or bad-conduct dis- charge if no rehearing or new trial has been ordered. (B) Payment shall be made within 180 days from the date of the order setting aside or dis- approving the sentence by court-martial to a dismissal or a dishonorable or bad-conduct dis- charge if a rehearing or new trial has been or- dered but charges have not been referred to a rehearing or new trial within 120 days from the date of that order. (C) If a rehearing or new trial has been or- dered and a dismissal or a dishonorable or bad- conduct discharge is not included in the result of such rehearing or new trial, payment shall be made within 60 days of the date of the an- nouncement of the result of such rehearing or new trial. (D) If a rehearing or new trial has been or- dered and a dismissal or a dishonorable or bad- Page 671 TITLE 10—ARMED FORCES § 708 conduct discharge is included in the result of such rehearing or new trial, but such dismissal or discharge is not later executed, payment shall be made within 60 days of the date of the order which set aside, disapproved, or other- wise vacated such dismissal or discharge. (3) If a member is entitled to be paid under this section but fails to provide sufficient infor- mation in a timely manner regarding his income when such information is requested under regu- lations prescribed under subsection (c), the peri- ods of time prescribed in paragraph (2) shall be extended until 30 days after the date on which the member provides the information requested. (c) This section shall be administered under uniform regulations prescribed by the Secre- taries concerned. Such regulations may provide for the method of determining a member’s in- come during any period the member is deemed to have accrued pay and allowances, including a requirement that the member provide income tax returns and other documentation to verify the amount of his income. (Added Pub. L. 97–81, § 2(b)(1), Nov. 20, 1981, 95 Stat. 1086; amended Pub. L. 103–337, div. A, title IX, § 924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831.) Editorial Notes AMENDMENTS 1994—Subsec. (a)(2). Pub. L. 103–337 substituted ‘‘Court of Criminal Appeals’’ for ‘‘Court of Military Re- view’’ and ‘‘Court of Appeals for the Armed Forces’’ for ‘‘Court of Military Appeals’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section to take effect at end of 60-day period begin- ning on Nov. 20, 1981, to apply to each member whose sentence by court-martial is approved on or after Jan. 20, 1982, under section 864 or 865 of this title by officer exercising general court-martial jurisdiction under pro- visions of such section as it existed on day before effec- tive date of Military Justice Act of 1983 (Pub. L. 98–209), or under section 860 of this title by officer empowered to act on sentence on or after that effective date, see section 7(a), (b)(1) of Pub. L. 97–81, set out as a note under section 706 of this title. § 707a. Payment upon disapproval of certain board of inquiry recommendations for excess leave required to be taken (a) An officer— (1) who is required to take leave under sec- tion 1182(c)(2) or 20503 of this title, any period of which is charged as excess leave under sec- tion 706(a) of this title, and (2) whose recommendation for removal from active duty in a report of a board of inquiry is not approved by the Secretary concerned under section 1184 of this title, shall be paid, as provided in subsection (b), for the period of leave charged as excess leave. (b)(1) An officer entitled to be paid under this section shall be deemed, for purposes of this sec- tion, to have accrued pay and allowances for each day of leave required to be taken under sec- tion 1182(c)(2) of this title that is charged as ex- cess leave (except any day of accrued leave for which the officer has been paid under section 706(b)(1) of this title and which has been charged as excess leave). (2) The officer shall be paid the amount of pay and allowances that is deemed to have accrued to the officer under paragraph (1), reduced by the total amount of his income from wages, sal- aries, tips, other personal service income, unem- ployment compensation, and public assistance benefits from any Government agency during the period the officer is deemed to have accrued pay and allowances. Except as provided in para- graph (3), such payment shall be made within 60 days after the date on which the Secretary con- cerned decides not to remove the officer from active duty. (3) If an officer is entitled to be paid under this section, but fails to provide sufficient informa- tion in a timely manner regarding the officer’s income when such information is requested under regulations prescribed under subsection (c), the period of time prescribed in paragraph (2) shall be extended until 30 days after the date on which the member provides the information requested. (c) This section shall be administered under uniform regulations prescribed by the Secre- taries concerned. The regulations may provide for the method of determining an officer’s in- come during any period the officer is deemed to have accrued pay and allowances, including a re- quirement that the officer provide income tax returns and other documentation to verify the amount of the officer’s income. (Added Pub. L. 107–314, div. A, title V, § 506(b), Dec. 2, 2002, 116 Stat. 2535; amended Pub. L. 118–31, div. A, title XVII, § 1722(d)(2), Dec. 22, 2023, 137 Stat. 670.) Editorial Notes AMENDMENTS 2023—Subsec. (a)(1). Pub. L. 118–31 inserted ‘‘or 20503’’ after ‘‘section 1182(c)(2)’’. § 708. Educational leave of absence (a) Under such regulations as the Secretary of Defense may prescribe after consultation with the Secretary of Homeland Security and subject to subsection (b), the Secretary concerned may grant to any eligible member (as defined in sub- section (e)) a leave of absence for the purpose of permitting the member to pursue a program of education. The period of a leave of absence granted under this section may not exceed two years, except that the period may exceed two years but may not exceed three years in the case of an eligible member pursuing a program of education in a health care profession. (b)(1) A member may not be granted a leave of absence under this section unless— (A) in the case of an enlisted member, the member agrees in writing to extend his cur- rent enlistment after completion (or other ter- mination) of the program of education for which the leave of absence was granted for a period of two months for each month of the pe- riod of the leave of absence; and (B) in the case of an officer, the member agrees to serve on active duty after comple- tion (or other termination) of the program of